What is the Difference Between Primary Custody and Sole Custody?

What is the Difference Between Primary Custody and Sole Custody?

In a case where one parent sees the other parent as unfit, unsafe, or just generally wants to limit their involvement in their child’s life, that parent tends to aim for primary or sole child custody. The difference between the two is the degree of responsibility for the child that is granted; either most of the responsibility, i.e. primary custody, or 100% of the responsibility, i.e. sole custody.   Primary Custody In terms of physical custody, primary custody is not uncommon when the parents don’t live relatively close or when it’s not financially feasibly to maintain two stable home environments for the child/children. As far as legal custody is concerned, there’s typically not a primary legal custody option. Legal custody is either granted jointly, where parents must agree upon decisions for the best interest of the child, or solely, where one parent relinquishes all rights to that decision-making.   Sole Custody Courts generally limit the frequency of granting sole custody in an attempt to keep both parents as involved in their child’s life as possible. In some situations one parent may lack the ability to care for their child physically. This could be due to drug or alcohol dependencies, charges of child abuse, or other unfortunate situations deeming them unfit. In these cases, a court will not hesitate to grant sole physical custody. However, even in these situations, the court will rarely resort to sole legal custody, and instead grant joint legal custody in order to keep the noncustodial parent involved in the child’s upbringing.   Regardless of the type of custody, or the tension or conflict between parents,...
What is Foreclosure?

What is Foreclosure?

A foreclosure happens when, for whatever reason, a homeowner is unable to continue paying off their home loan. Deciding to enter foreclosure is rarely voluntary, however can often result from loss of income, excessive debt, unexpected expenses, or divorce. A Foreclosure is the process of forfeiting a mortgaged property after failing to pay the remaining balance. In the state of Nevada, the steps of foreclosure cannot begin until 120 days after a missed payment. This grace period allows for the homeowner to review their options with a foreclosure attorney and discuss the possible foreclosure alternatives such as a loan modification or other payment plan. Once a home loan lender begins to issue a notice of foreclosure, the following steps may occur:   Notice of Default and Election to Sell An NOD is recorded with the county recorder and posted on the property providing the homeowner three months to resolve the remaining debt on the property. Foreclosure Mediation Nevada state law requires that the homeowner facing foreclosure be given the opportunity to participate in mediation at this time. Danger Notice The homeowners are presented with a notice at least 60 days prior to the sale that they are in danger of losing their home to foreclosure. The original promissory note signed at the time of the home purchase is attached for clarity. Notice of Sale/Notice of Tenants After the three month period specified by the NOD is exhausted, the homeowner and all tenants of the foreclosed property are notified of the projected date of sale. The notice must be sent and posted on the property at least 20 days prior...
What Happens if You Fail to Pay Child Support in Nevada?

What Happens if You Fail to Pay Child Support in Nevada?

Failing to pay child support in the state of Nevada can result in serious repercussions beyond simply settling the unpaid dues. The severity of punishments may range from revoking one’s driver’s license to, in severe cases, five years in prison. The guide below can help you more easily decipher what action may be taken in various scenarios: Immediate punishments put in place UNTIL the payments are made may include all or some of the following: Suspension of your driver’s license Suspension of professional or recreational licenses or permits Suspension of your passport If the ex-spouse has a paying job, but still fails to pay child support: The court can seize earnings including their paycheck, tax refund, or other forms of income, such as, lottery winnings. If the ex-spouse does not have a job as a source of income: Child support payments can be relinquished from any government benefits they receive such as military pensions. The court can put a lien on their owned property to cover the amount of unpaid child support. The court can order they get a job, and seize those earnings once employed. Knowingly failing to pay child support is considered a crime under Nevada State Law. If the ex-spouse is found guilty of failure to pay child support due to 1) excessive spending habits or 2) is unemployed by choice, Nevada State law will punish the ex-spouse by criminal standards. If the ex-spouse is found guilty and owes less than $10,000 in child support: Penalties include a maximum of 6 months in jail and $1,000 fine If the ex-spouse is found guilty and owes more...